M.Veerapandi v. The District Collector
Case brief
What is this about?
of 2024 BEFORE THE MADURAI BENCH OF MADRAS…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD) No.15455 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD) No.15455 of 2024
M.Veerapandi ... Petitioner
-vs-
1.The District Collector, Sivagangai District, Sivagangai.
3.The Block Development Officer, Devakottai, Sivagangai District. 4.The Tahsildar, Devakottai Taluk, Sivagangai District. 5.The Commissioner, Devakottai Municipality, Sivagangai District. 6.Annadurai ... Respondents
_____________ Page 1 of 5_ https://www.mhc.tn.gov.in/judis
W.P.(MD) No.15455 of 2024
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to take necessary steps to remove the encroachment made by the sixth respondent in the water body situated in Survey No.161, Sembian Kanmai, Iravuseri Village, Devakottai Taluk, Sivagangai District by considering the petitioner's representation dated 13.04.2024 within the stipulated period as fixed by this Court.
For Petitioner : Mr.M.Murugesan For R-1 to R-5 : Mr.P.Thilakkumar, Government Pleader
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.]
Mr.P.Thilakkumar, learned Government Pleader takes notice for respondents 1 to 5.
2. A perusal of the proceedings of the Tahsildar, Devakottai Taluk, Sivagangai District, dated 16.07.2024, shows that the encroachment is not in Survey No.161 at Sembian Kanmai, Iravuseri Village, Devakottai Taluk, Sivagangai District. But, it is in Survey No.25 which has also been classified as 'Government Poramboke Pathway'.
Page 2 of 5 https://www.mhc.tn.gov.in/judis
W.P.(MD) No.15455 of 2024
3. Though the petitioner has sought for a Writ of Mandamus to remove the encroachments in the water body in Survey No.161, the actual encroachment appears to be in Survey No.25, which is abetting Survey No.161. Even according to the official respondents, Survey No.25 is classified as 'Poramboke Padhai'. The A-Register of the village also shows that it is classified as 'Pathway'. Hence, there will be a direction to the respondents 1 to 5, to take action to remove the encroachment in accordance with law after issuing proper notice to the sixth respondent/encroacher. Needful be done within a period twelve weeks from the date of receipt a copy of this order.
4 . With the above direction, this writ petition stands disposed of. No Costs.
[R.S.M., J.] [L.V.G., J.]
09.08.2024
NCC : Yes/ No Index : Yes/ No Internet : Yes
PM
_____________ Page 3 of 5_ https://www.mhc.tn.gov.in/judis
W.P.(MD) No.15455 of 2024
To:
Page 4 of 5 https://www.mhc.tn.gov.in/judis
W.P.(MD) No.15455 of 2024
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
pm
W.P.(MD) No.15455 of 2024
09.08.2024
_____________ Page 5 of 5_ https://www.mhc.tn.gov.in/judis
M.Veerapandi
Annadurai
The District Collector, Sivagangai District
The Revenue Divisional Officer/ Chairperson-Divisional Monitoring Committee, Sivagangai
The Block Development Officer, Devakottai
The Tahsildar, Devakottai Taluk
R.SUBRAMANIAN
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court